Employee sickness issues

Employment law

Employee sickness issues

If you fall sick, it is already bad enough. Getting bogged down in the complicated Dutch rules, regulations and bureaucracy concerning employee sickness will not aid towards a speedy recovery. We can help guide you through the rules and ensure that your employer treats you as is required by law when you are ill.

Both the employer and the employee have obligations regarding your ‘reintegration’ back to work. Sooner or later you will have to deal with an Arbo-doctor. This Arbo-doctor is a doctor who is paid by the company to advise you and your employer if, when and how you can resume your work. Various examinations need to take place and forms need to be completed.

It is good to know that during the first two years of sickness your employer must continue paying at least part of your salary. The amount will depend on the employment terms included in a collective labour agreement (in Dutch abbreviated as CAO) and/or the individual employment contract. If you are still sick after two years you may be eligible for certain Dutch Social Security allowances.

If you are ill you can sometimes rely on additional protection against dismissal. However, illness does not provide full protection against redundancy or dismissal. Your employment can even end automatically during a period of illness. For example, if you are a temporary worker or when the period of a fixed-term contract lapses.